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GUILFORD COUNTY SCHOOLS REQUEST FOR PROPOSALS

Online Tutoring Services for Guilford Parent Academy

Guilford County Schools (GCS) is soliciting competitive proposals from companies capable of providing online tutoring services for grades PreK-12. The content should be applicable across a variety of platforms and devices (web-based, mobile and cablecast) and should focus on helping parents/family members better support the learning, growth and development of their school children. Services may include, but are not limited to: 24/7 online/mobile homework help; diagnostic testing, individualized learning plan design and progress tracking; comprehensive writing assistance; core content area tutorials; supplemental academic materials; and positive parenting approaches for assisting students. The online tutoring services will be offered free of charge through Guilford Parent Academy (GPA) to parents/family members of children enrolled in GCS. This project will be funded in part by the U.S. Department of Education through a Race to the Top-District (GCS PACE) supplemental grant program. Sealed proposals should be submitted by 2:00 PM EST, December 12, 2014 to:

Paschelle Mitchell-Palmer, Purchasing Agent 336-370-3239

ATTN: Online Tutoring Services for GPA Guilford County Schools

501 W. Washington Street, Room 215A Greensboro, NC 27401

A full description of the project and requirements and any addenda may be found on the Guilford County Schools website at www.gcsnc.com, Departments, Purchasing, Bid Solicitation and on the NC Department of Administration Division of Purchase and Contract’s Interactive Purchasing System (IPS). A full description of Guilford Parent Academy also may be found on the GCS website, www.gcsnc.com , Parents, Guilford Parent Academy. Minority businesses are encouraged to submit proposals for this project. The Board of Education awards public contracts without regard to race, religion, color, creed, national origin, sex, age or handicapped condition as defined by North Carolina General Statutes, Section 168A-3. Guilford County Schools Donald Reid Purchasing Officer

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SECTION I INFORMATION & INSTRUCTIONS

RFP# 189-5725 1.0 Submission Requirements: 1.1 The complete original proposal and eight copies must be submitted in a sealed package

and received in accordance with the instructions detailed in the cover letter. All proposals shall be marked Online Tutoring Services for GPA.

Proposers shall file all documents necessary to support their proposal and include them with their proposal. Proposers shall be responsible for the actual delivery of proposals during business hours to the address indicated in the cover letter. It shall not be sufficient to show that the proposal was mailed in time to be received before scheduled closing time. 1.2 Proposal Format: Proposals shall be submitted in the following numbered/tabbed format and include the following information.

1. Management summary – Provide an overview of your organization and its history including length of time providing the proposed online tutoring services, organizational structure, financials to demonstrate long-term viability of the company (may be submitted in a separately sealed envelope) and any other information that will assist us in understanding your organization.

2. Proposal Summary – Provide a description of the online tutoring services you propose and how the proposed meet the needs of Guilford County Schools (GCS) as outlined in the Scope of Service.

3. Corporate Experience and Capacity – Describe in detail the proposer’s experience in providing high-quality, online tutoring services to help parents/guardians support their children’s learning, and increase their children’s educational achievement and school success. Describe your experience as an online tutoring service provider with examples of current users.

4. MWBE Component – Describe MWBE participation including intentions to subcontract any work related to this contract.

5. Proposed timeline and deliverables – Describe a timeline to accomplish the implementation of the digital resources and include the Proposer's and the district’s role in that process, including presentation meetings and trainings.

6. References – List school systems and employers with whom the proposer has done work specifically related to this RFP. Include name, title, phone number and email address of key client contacts as a reference regarding services and client satisfaction.

7. Pricing/Fee Proposal – Provide pricing information including but not limited to the cost for customization, implementation, initial training and ongoing support and maintenance. Pricing should be scalable and based on current and anticipated parent users, not potential student users. Currently, there are up to 8,400 GPA subscribers;

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the goal is to have 10,000 GPA user accounts by 2016. There are approximately 17,000 middle school students in GCS. As part of the RttT-D PACE-GCS grant, the district will serve 24 middle schools. Middle school students enrolled in the district’s non-traditional and special schools (High School Ahead, McIver, Haynes-Inman, and Gateway) also are included in the RttT-D grant program. Cablecasting is made possible through GCSTV, a PEG (public, educational and governmental) channel made possible through the City of Greensboro and Time Warner Cable. a. Provide costs for the next 3 years b. Describe the ongoing cost for system support and maintenance including upgrades c. Describe the specific costs for customizing technical aspects of implementing the online tutoring services d. Describe any other cost applicable to provision, implementation and operation of the digital resources e. Fee proposal (see section III)

8. Technical Requirements – Describe any/all technical requirements for the district. 9. Additional Data – Provide any additional information that will aid the district in the

evaluation of your proposal. 10. Response Matrix – Provide a response to each area identified in the scope of work

and the ability/capacity of the proposer to provide the specific requirements outlined in the Response Matrix.

11. Addenda—Include all signed addenda issued as part of this RFP. 1.3 It is the sole responsibility of the PROPOSER to assure that they have received the entire Request for Proposal. 1.4 Written addenda of any changes in the specifications contained in this RFP will be posted

on the Guilford County Schools website at www.gcsnc.com, Departments, Purchasing, Bid Solicitation and on the NC Department of Administration Division of Purchase and Contract’s Interactive Purchasing System (IPS) by 5 PM EST on December 5, 2014. It is the responsibility of the proposer to check these sites for any addenda and to acknowledge the addenda in their proposal.

Questions regarding this request for proposal or technical questions should be submitted via email by 12:00 PM EST on December 4, 2014 to:

Paschelle Mitchell-Palmer Purchasing Agent

Email Address: mitchep@gcsnc.com 501 W. Washington Street

Greensboro, NC 27401

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1.5 No verbal or written information that is obtained other than through this RFP or its addenda shall be binding on Guilford County Schools. No employee of GCS is authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to that contained in or amended to this written RFP document. 1.6 Right of Rejection and Clarification: The district reserves the right to reject any and all proposals and to request clarification of information from any proposer. GCS is not obligated to enter into a contract on the basis of any proposal submitted in response to this document. 1.7 Request for Additional Information: Prior to the final selection, proposers may be

required to submit additional information including on-site product demonstrations that the district may deem necessary to further evaluate the proposer's qualifications.

1.8 Denial of Reimbursement: GCS will not reimburse proposers for any costs associated with the preparation and submittal of any proposal, or for any travel and/or per diem costs that are incurred. 1.9 Gratuity Prohibition: Proposers shall not offer any gratuities, favors or anything of monetary value to any official, employee or agent of the district for the purpose of influencing consideration of this proposal. 1.10 Right of Withdrawal: A proposal may not be withdrawn for a period of 45 days from the

proposal due date.

1.11 Right of Negotiation: GCS reserves the right to negotiate with the selected proposer the exact terms and conditions of the contract. 1.12 Right of Rejection of Lowest Fee Proposal: GCS is under no obligation to award this project to the proposer(s) offering the lowest fee proposal. Evaluation criteria included in this document shall be used in evaluating proposals. More than one proposal may be selected to meet the needs of GCS’ diverse parents and their children. 1.13 Exceptions to the RFP: Proposers may find instances where they must take exception with certain requirements or specifications of the RFP. All exceptions shall be clearly identified, and written explanations shall include the scope of the exceptions, the ramifications of the exceptions for the district, and a description of the advantage to be gained or disadvantages to be incurred by the district as a result of these exceptions. 1.14 Indemnification: Proposer, at its own expense and without exception, shall indemnify, defend and pay all damages, costs, expenses, including attorney fees, and otherwise hold harmless GCS, its employees and agents from any liability of any nature or kind in regard to the delivery of these services.

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1.15 Rights to Submitted Material: All proposals, responses, inquiries or correspondence relating to or in reference to this RFP, and all reports, charts and other documentation submitted by proposers shall become the property of GCS when received. Proprietary information that is not subject to federal and N.C. public records laws must be clearly identified along with the rationale for why such information is not considered a public record. 1.16 Basis of Award: Proposals will be evaluated according to the following criteria at a minimum:

• Qualifications and references of proposer • Evaluation of proposed program including responsiveness to the RFP and procedures, methods and techniques to be utilized in the proposed process • Timeline for deliverables • Proposal price. Please note: pricing should be scalable and based on the number of

parents accessing the content rather than per student. Currently (2014), approximately 8,400 GCS parents K-12 have GPA accounts that enable them to access password-protected, online digital content. The goal is to have 10,000 GPA accounts by 2016. GCS anticipates growth of the services over time and expects that pricing will reflect discounts as additional services are provided. Cablecasting is made available through GCSTV, a local PEG (public, educational, governmental) channel operated by GCS.

Proposals shall be evaluated by a Selection Committee. The Selection Committee may, at its option, request any or all proposers to provide on-site demonstrations and/or participate in a conference call/webinar of the proposed system. Award may be in whole or part as deemed to be in the best interest of the district. 1.17 Copies: An original and eight copies of the proposal and supporting documents must be

submitted in response to the RFP. All responses must relate to the specifications as outlined.

1.18 Contacts: Proposers must submit proposals in accordance with the instructions contained in this RFP. All requested information must be submitted with the proposal. Instructions for preparation and submission of proposals are contained in this package. 1.19 Qualification Requirements The Proposer shall have proven abilities and experience in those activities described in the scope of work. Specifically the Proposer must have:

1. Current experience providing online tutoring service solutions with an array of tutoring options focused on building the capacity of parents/families to assist their school aged children, as well as supplemental material/homework resources aligned to the new Common Core State Standards and the North Carolina Course of Study.

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2. Recent experience providing online tutoring services to an organization, preferably in a public school system of a similar or larger size than GCS, and/or with similarly diverse parents/families and students.

3. The organizational capacity to provide online tutoring services that will be accessible on mobile devices and work across a variety of current and emerging platforms.

4. Offer online tutoring services in core and non-core content areas. 5. The ability to provide online tutoring services in several languages. 6. The technical capability to assure access to the online tutoring services are available

24 hours per day, 7 days per week, 365 days of the year and to provide the necessary back-ups should a system failure occur.

7. Tutors with the necessary credentials to be effective. List the percentage of tutors with Doctorate’s, Master’s and Bachelor’s degrees.

8. Capability for all interactive tutoring sessions to be archived for future reference by the individual student.

9. Unlimited archived storage exists on the vendor premises for student session data. 10. The ability to generate detailed statistics about date, time, and duration of service;

type of services requested; and subject area of session by individual log-in. 11. Indicators informing students of their wait period and turnaround periods.

1.20 Contract: The contract between Guilford County Schools and the vendor shall consist of 1. the Request for Proposal (RFP) and any amendments thereto; and, 2. the proposal submitted by the vendor in response to the RFP.

In the event of a conflict in language between the two documents referenced above, the provisions and requirements set forth and/or referenced in the RFP shall govern. However, Guilford County Schools reserves the right to clarify any contractual relationship in writing with the concurrence of the proposer(s), and such written clarification shall govern in case of conflict with the applicable requirements stated in the RFP or the proposer’s proposal. In all other matters not affected by the written clarifications, if any, the RFP shall govern.

1.21 Termination of Contract: GCS may cancel the contract at any time for breach of contractual obligations by providing the proposer with a written notice of such cancellation. Should the district exercise its right to cancel the contract for such reasons, the cancellation shall become effective on the date as specified in the notice of cancellation sent to the vendor. 1.22 Compliance with Laws: In connection with the furnishing of supplies or performance of work under the contract, the Consultant agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act and all other applicable Federal and State laws, regulations and executive orders to the extent that the same may be applicable and further agrees to insert the foregoing provision in all subcontracts awarded hereunder. Proposers certify that all equipment, services and/or goods provided to GCS comply with all Federal, State and local regulations.

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1.23 Minority/Women Business Enterprise (MWBE) Policy: The Guilford County Board of Education promotes full and equal access to business opportunities with GCS. Minority- and women-owned businesses as well as other responsible vendors shall have a fair and reasonable opportunity to participate in GCS business opportunities. Prime suppliers (i.e., those who deal directly with GCS) should support the GCS MWBE Program by making an effort to engage minority- and women-owned businesses as subcontractors for good and services to the extent available. GCS has a goal of 10% participation. The proposal should address efforts to meet the goal.

1.24 Performance Bond Requirement: A Performance Bond in the full amount of the first year of the contract will be required for this project.

SECTION II SCOPE OF WORK

2.0 Purpose

GCS seeks to support personalized learning at the middle school level as well as student academic achievement PreK-12 by providing online tutoring resources through the Guilford Parent Academy. GCS strongly believes that these are essential tools for parents and families, and that access to such tools will help address current opportunity and learning gaps that currently exist in GCS. The goal is to build the capacity and academic knowledge/confidence of parents/guardians by making online tutoring services available to them through a variety of information communication technologies and platforms. Services should include, but are not limited to, 24/7 online/mobile homework help; diagnostic testing, individualized learning plan design and progress tracking; comprehensive writing assistance; interactive games focused on building key academic skills; core content area tutorials; supplemental academic materials; and positive parenting approaches for assisting students. In addition, the district seeks to purchase online tutoring services that provides support to speakers of other languages (i.e. Spanish, Vietnamese, Urdu, Arabic and French) to serve more families. By leveraging school district and community resources, in addition to the RttT-D supplemental grant, the district seeks to expand and improve GPA offerings by including online tutoring services for parents and family members to support their student’s academic success via a digital learning environment:

The district desires to implement the online tutoring services starting during the 2014- 2015 school year and, depending on satisfactory performance, to renew the resources annually for 2015-16, 2016-17 and 2017-18. 2.1 Introduction

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Guilford County Schools (GCS) is the third largest district in the state serving more than 72,500 students across 126 schools in urban, suburban and rural areas. Tucked away in central North Carolina, GCS is diverse both in its student body and in its academics. The district serves students who speak 117 languages/dialects and who represent 95 countries. There are more than 10,000 special education students and more than 13,000 advanced learners. GCS’ high school graduation rate is 88.5 percent; the district’s free- and reduced-price lunch percentage is more than 59 percent. The district is a national leader in the early college movement and public school choice, offering 53 magnet/option programs satisfying a varied range of ages, skill levels and interests. In addition, the district provides non-traditional educational settings including a Twilight School, which serves students who are at risk of dropping out; High School Ahead Academy, a school serving over-aged middle school students; and eight early/middle colleges, schools located at area colleges and universities that offer tailored programs and opportunities for students to earn college credit. Located in the central Carolina region known as the piedmont, Guilford County encompasses about 645 square miles and 11 municipalities/cities. About 32 percent of Guilford County adults have a bachelor’s degree or higher, while nearly 20 percent of the adult population is considered to have below basic literacy skills. Approximately 12 percent of Guilford County residents do not speak English; Spanish is the most frequent language spoken for this group, followed by Vietnamese, Urdu, Arabic and French. To strengthen parent/family engagement in the educational process, and to help parents serve as their children’s first and best teachers from birth through grade 12, GCS launched Guilford Parent Academy (GPA). GPA provides information, training, learning resources and enrichment activities for parents, grandparents and family members caring for children and young people in Guilford County. GPA has partnered with parent education organizations, community groups, public libraries, universities, businesses and cultural institutions throughout Guilford County to offer free workshops, classes and family learning events at schools and convenient locations. Additionally, parents have access to valuable educational resources simply by registering online via the GPA website, a password-protected repository which houses digital and interactive learning resources, video content and online professional development courses. Currently, there are approximately 8,400 GPA parent subscribers; the goal is to have 10,000 GPA user accounts by 2016. 2.2 Contract Term

Upon award of this contract, the Vendor shall begin working with GPA staff to implement and phase-in online tutoring services. The Year 1 Contract Term for online tutoring services provided by the Vendor shall begin upon completion of the phased-in implementation of the online tutoring services and shall continue for a period of up to six (6) months, January – June 2015 (“Initial Contract Term”). Upon satisfactory performance of the Vendor, the district may authorize continued operations of the Vendor for an

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additional twelve (12) month period (each period is referred to as "Subsequent Contract Term") under the terms set forth in the contract. The district reserves the right to negotiate with the Vendor subsequent extension(s) of the contract on a year-by-year basis.

2.3 Software/Content Requirements The proposed online tutoring service provider shall provide the following processes:

• Parent permission capabilities • Online/mobile homework help • Offer comprehensive writing assistance • Core content area tutorials • Supplemental academic materials • Services available by phone, online link, email and/or chat • Single sign in capabilities on SharePoint site • 24/7 on-demand tutoring for all core subjects • Online tutoring services that are available 24 hours/7 days per week for core content

areas • Drop-in tutoring services for non-core content areas • Essay review services with no more than 24 hour response/wait time • Strategies for positive parenting approaches to assist their student achieve academic

success • Capabilities for students to submit a question for asynchronous response or schedule

a tutoring session for the future • Exam prep and videos of sample problems that students may replay as often as

needed • Diagnostic testing, individualized learning plans, and progress tracking • Web-based resources available 24 hours/7 days per week • Marketing support to assist with promoting online tutoring services to students,

parents and families • User-friendly platforms, content and professional development for parents/guardians,

and students that are not device-specific (online, mobile, cablecast)

2.4 Training and User Assistance Upon award of this contract, the Vendor shall provide the following technical support services:

• Website support for district personnel • Updated state-standard alignment for core products and resources • 800-telephone technical support for the Guilford Parent Academy staff • Remote and specific project-based onsite support for online tutoring services provided • Bug fixes and patches via remote application access to server

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• Technical staff to support and help (when appropriate) integrate Guilford Parent Academy web presence

• Embed and link online tutoring services and resources to the GCS SharePoint server • Align current GCS initiatives with Guilford Parent Academy and add them as a

seamless component of the online site • Technical staff to support and help (when appropriate) integrate the Guilford Parent

Academy web and GCSTV presence. • Comprehensive training session(s) for Guilford Parent Academy staff and other

pertinent staff prior to the full implementation of the system. These trainings can be face-to-face or online. Additional training at reasonable fees must be available as needed/indicated by the GPA Director

• On-line tutorial and/or customer service support for parents/guardians using the system that would provide simple instructions for using the content

• Parent involvement training and support via face-to-face or online seminars and book talks and/or online courses/webinars delivered via the GCS platform

2.5 Technical Requirements • No application software, other than Internet Explorer is required on computers that

access the content. • The System application is available in full and mobile version views. • Application(s) should be accessible by parents using a wide range of devices and

wireless/Internet connections/speeds. • Compatible with Windows XP, 7, 8, compatible with Internet Explorer Browsers 7-10. • The System description includes information regarding the minimum version

requirements. • The System description includes information describing the required plugins needed.

It is preferable that there are no plugins needed. List all required plugins for District approval.

• The proposal clearly states the guaranteed availability (percentage up-time) of the System.

• The Vendor will immediately notify Guilford Parent Academy and Technology Services departments of any down time, equipment failure, or any other factor which affects the ability of GPA staff, teachers, and parents/guardians to access content.

• The Vendor will notify the district of any scheduled System outages at least two (2) working days prior to the outage.

• The System provides all required interfaces with district’s resources without compromising the integrity of the district’s firewall and network security systems.

• The Vendor will acknowledge issues raised by the district within sixty (60) minutes and resolve them according to a priority schedule to be determined.

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2.6 Response Matrix The following Response Matrix shall be used by Proposers to respond to the requirements stated in Specific Requirements Section above. Proposers must respond to every requirement by placing a check mark in one of the boxes for each row. Failure to enter a response will be interpreted as "Not Available". The following is a description of individual columns in the matrix: • Requirement

The information in this column identifies the online tutoring services requirement to meet the expectations listed under the Desired Process. There will be a response row for each requirement.

• Mandatory/Optional Element This indicates whether the element described is mandatory (M) or an optional (O) feature.

• Basic Package A check mark in this column indicates the requirement is met by the product without any modification or setup.

• Supported Customization A check mark in this column indicates the requirement can be met by the product although customization is required. This customization will be supported by the Proposer as if it were a standard capability of the product for the current and all future releases. Show the estimated cost for doing the customization (non-binding at this stage of the process).

• Unsupported Customization A check mark in this column indicates the requirement can be met by the product although customization is required. This customization is unique to Guilford County Schools, and retention of this customization will require continual modifications to future releases of the product. Show the estimated cost for doing the customization (non-binding at this stage of the process).

• N/A (Not Available) A check mark in this column indicates the requirement cannot be met for the foreseeable future by the product.

• Comment A check mark in this column indicates that additional comments on this requirement have been prepared by the Proposer. These comments must be attached and included in the cost proposal portion of the Proposer's proposal submission. Each comment must be limited to one page or less.

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Requirement

Mandatory/ Optional Element

Basic Package

Supported Customization

Cost Unsupported Customization

Cost Not Supported

Comments

1. Software/Content Requirements

a) Parent permission capabilities M

b) Online/mobile homework help M

c) Comprehensive writing assistance M

d) Core content area tutorials M

e) Supplemental academic materials M

f) Services available by phone, online link, email and/or chat

M

g) Single sign in capabilities with SharePoint site

O

h) Online tutoring services that are available 24 hours/7 days per week for core content areas (Math and Language Arts)

M

i) Drop-in tutoring services for non-core content areas

M

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j) Essay review services with no more than 24 hour response/wait time

O

k) Strategies for positive parenting approaches to assist their student achieve academic success

O

l) Capabilities for students to submit a question for asynchronous response or schedule a tutoring session for the future

O

m) Exam prep and videos of sample problems that students may replay as often as needed

M

n) Diagnostic testing, individualized learning plans, and progress tracking

M

o) Web-based resources available 24 hours/7 days per week

M

p) Marketing support to assist with promoting online tutoring services to students, parents and families

M

q) User-friendly platforms, content and professional development for parents/guardians, and students that are not device-specific (online, mobile, cablecast)

M

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Requirement Mandatory/

Optional Element

Basic Package

Supported Customization Cost Unsupported

Customization Cost Not Supported Comments

2. Training and User Assistance a) Website support for district

personnel M

b) Updated state-standard alignment for core products and resources M

c) 800-telephone technical support for the Guilford Parent Academy staff M

d) Remote and specific project-based onsite support for online tutoring services

M

e) Bug fixes and patches via remote application access to server M

f) Technical staff to support and help (when appropriate) integrate Guilford Parent Academy web presence

M

g) Embed and link online tutoring services and resources to the GCS SharePoint server

M

h) Align current GCS initiatives with Guilford Parent Academy and add them as a seamless component of the online site

M

i) Technical staff to support and help (when appropriate) integrate the M

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Guilford Parent Academy web and GCSTV presence.

j) Comprehensive training session(s) for Guilford Parent Academy staff and other pertinent staff prior to the full implementation of the system. These trainings can be face-to-face or online. Additional training at reasonable fees must be available as needed/indicated by the GPA Director

M

k) On-line tutorial and/or customer service support for parents/guardians using the system that would provide simple instructions for using the content

M

l) Parent involvement training and support via face-to-face or online seminars and book talks and/or online courses/webinars delivered via the GCS platform

M

Requirement Mandatory/

Optional Element

Basic Package

Supported Customization Cost Unsupported

Customization Cost Not Supported Comments

3. Technical Requirements

a) No application software, other than Internet Explorer is required on computers that access the content.

M

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b) The System application is available in full and mobile version views. M

c) Application(s) should be accessible by parents using a wide range of devices and wireless/Internet connections/speeds.

M

d) Compatible with Windows XP, 7, 8, compatible with Internet Explorer Browsers 7-10.

M

e) The System description includes information regarding the minimum version requirements.

M

f) The System description includes information describing the required plugins needed. It is preferable that there are no plugins needed. List all required plugins for District approval.

M

g) The proposal clearly states the guaranteed availability (percentage up-time) of the System.

M

h) The Vendor will immediately notify Guilford Parent Academy and Technology Services departments of any down time, equipment failure, or any other factor which affects the ability of GPA staff, teachers, and parents/guardians to access content.

M

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i) The Vendor will notify the district of any scheduled System outages at least two (2) working days prior to the outage.

M

j) The System provides all required interfaces with district’s resources without compromising the integrity of the district’s firewall and network security systems.

M

k) The Vendor will acknowledge issues raised by the district within sixty (60) minutes and resolve them according to a priority schedule to be determined.

M

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AVAILABLE RESOURCES

Academic Instructional Content Resource Provided Format (Digital and/or Interactive)

Language Availability (Spanish, Vietnamese, Urdu,

Arabic, French) Reading/language arts

Social Studies

Math

Science Other

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SELECTION MATRIX Committee Member Name and Signature_______________________________________/____________________________________________ Date________________________________ Attribute Vendor A Vendor B Vendor C Vendor D Vendor E Vendor F Vendor G Vendor H SOFTWARE/CONTENT Parent permission capabilities

Online/mobile homework help

Comprehensive writing assistance

Core content area tutorials Supplemental academic materials

Services available by phone, online link, email and/or chat

Single sign in capabilities on SharePoint site

Online tutoring services that are available 24 hours/7 days per week for core content areas

Drop-in tutoring services for non-core content areas

Essay review services with no more than 24 hour response/wait time

Strategies for positive parenting approaches to

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assist their student achieve academic success Capabilities for students to submit a question for asynchronous response or schedule a tutoring session for the future

Exam prep and videos of sample problems that students may replay as often as needed

Diagnostic testing, individualized learning plans, and progress tracking

Web-based resources available 24 hours/7 days per week

Marketing support to assist with promoting online tutoring services to students, parents and families

User-friendly platforms, content and professional development for parents/guardians, and students that are not device-specific (online, mobile, cablecast)

TRAINING/ASSISTANCE Website support for district personnel

Updated state-standard alignment for core products and resources

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800-telephone technical support for the Guilford Parent Academy staff

Remote and specific project-based onsite support for online tutoring services

Bug fixes and patches via remote application access to server

Technical staff to support and help (when appropriate) integrate Guilford Parent Academy web presence

Embed and link online tutoring services and resources to the GCS SharePoint server

Align current GCS initiatives with Guilford Parent Academy and add them as a seamless component of the online site

Technical staff to support and help (when appropriate) integrate the Guilford Parent Academy web and GCSTV presence

Comprehensive training session(s) for Guilford Parent Academy staff and other pertinent staff prior to the full implementation of the system. These trainings can be face-to-face or online. Additional training at reasonable fees must be available as

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needed/indicated by the GPA Director On-line tutorial and/or customer service support for parents/guardians using the system that would provide simple instructions for using the content

Parent involvement training and support via face-to-face or online seminars and book talks and/or online courses/webinars delivered via the GCS platform

TECHNICAL No application software, other than Internet Explorer is required on computers that access the content.

The System application is available in full and mobile version views.

Application(s) should be accessible by parents using a wide range of devices and wireless/Internet connections/speeds.

Compatible with Windows XP, 7, 8, compatible with Internet Explorer Browsers 7-10.

The System description includes information regarding the minimum version requirements.

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The System description includes information describing the required plugins needed. It is preferable that there are no plugins needed. List all required plugins for District approval.

The proposal clearly states the guaranteed availability (percentage up-time) of the System.

The Vendor will immediately notify Guilford Parent Academy and Technology Services departments of any down time, equipment failure, or any other factor which affects the ability of GPA staff, teachers, and parents/guardians to access content.

The Vendor will notify the district of any scheduled System outages at least two (2) working days prior to the outage.

The System provides all required interfaces with district’s resources without compromising the integrity of the district’s firewall and network security systems.

The Vendor will acknowledge issues raised by the district within sixty

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(60) minutes and resolve them according to a priority schedule to be determined. LEGAL CIPA Compliant FERPA Compliant Safety/Security

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AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) CONTRACT PROVISIONS

By submission of a proposal, Contractor agrees to comply with the following provisions. Failure to comply with any and all provisions herein may be cause for the contracting agency to issue a cancellation notice to a contractor. Reporting Requirements The Contractor is notified that this project will be financed with American Recovery and Reinvestment Act of 2009 (hereinafter, “ARRA”) Funds. The Contractor shall ensure that all subcontracts and other contracts for goods and services for an ARRA-funded project have the mandated provisions of this directive in their contracts. Pursuant to Title XV, Section 1512 of the ARRA, the State shall require that the Contractor provide reports and other employment information as evidence to document the number of jobs created or jobs retained by this contract from the Contractor’s own workforce and any sub-contractors. No direct payment will be made for providing said reports, as the cost for same shall be included in the various items in the contract.

Posting with the Local Employment Security Commission In addition to any other job postings the Contractor normally utilizes, the Office of Economic Recovery & Investment (hereinafter, “OERI”) requires that the Contractor shall post with the local Employment Security Commission Office all positions for which he intends to hire workers as a result of being awarded this contract. Labor and semiskilled positions must be posted for at least 48 hours before the hiring decision. All other positions must be posted a minimum posting of five days before the hiring decision. The Contractor and any Subcontractor shall report the new hires in the manner prescribed by the Employment Security Commission and the OERI. Required Contract Provision to Implement ARRA Section 902 Section 902 of the ARRA requires that each contract awarded using ARRA funds must include a provision that provides the U.S. Comptroller General and his representatives with the authority to: (1) examine any records of the contractor or any of its subcontractors, or any State or local

agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; and

(2) interview any officer or employee of the contractor or any of its subcontractors, or of

any State or local government agency administering the contract, regarding such transactions.

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Accordingly, the Comptroller General and his representatives shall have the authority and rights prescribed under Section 902 of the ARRA with respect to contracts funded with recovery funds made available under the ARRA. Section 902 further states that nothing in 902 shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General. Authority of the Inspector General provision Section 1515(a) of the ARRA provides authority for any representatives of the United States Inspector General to examine any records or interview any employee or officers working on this contract. The contractor is advised that representatives of the Inspector General have the authority to examine any record and interview any employee or officer of the contractor, its subcontractors or other firms working on this contract. Section 1515(b) further provides that nothing in this section shall be interpreted to limit or restrict in any way any existing authority of an Inspector General. Buy American provision Section 1605 of the ARRA requires that iron, steel and manufactured goods used in public buildings or public works projects be manufactured in the United States. Contractor agrees to abide by this provision and shall maintain records of such purchases for inspections by authorized agents of the State of North Carolina and federal agencies. The Contractor must obtain written exception from this provision from the agency issuing the contract. Wage Rate Provision Section 1606 of the ARRA requires that all laborers and mechanics employed by contractors and subcontractors with funds from the ARRA shall be paid wages at rates not less than the prevailing wage rate under the Davis-Bacon Act. The contractor agrees that by the submission of a proposal in response to a solicitation funded in whole or in part with recovery funds, continuous compliance will be maintained with the Davis-Bacon Act. Availability and Use of Funds Contractors understand and acknowledge that any and all payment of funds or the continuation thereof is contingent upon funds provided solely by ARRA or required state matching funds. Pursuant to Section 1604 of the ARRA, contractors agree not to undertake or make progress toward any activity using recovery funds that will lead to the development of such activity as casinos or other gambling establishments, aquariums, zoos, golf courses, swimming pools or any other activity specifically prohibited by the Recovery Act. Whistleblower Provisions Contractors understand and acknowledge that Article 14 of Chapter 124, NCGS 126-84 through 126-88 (applies to the State and state employees), Article 21 of Chapter 95, NCGS 95-240

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through 85-245 (applies to anyone, including state employees), and Section 1553 of the Recovery Act (applies to anyone receiving federal funds), provide protection to State, Federal and contract employees. Outsourcing outside the USA without Specific Prior Approval Provision Contractor agrees not to use any recovery funds from a contract or any other performance agreement awarded by the State of North Carolina, its agencies, or political subdivisions for outsourcing outside of the United States, without specific prior written approval from the agency issuing the contract. Federal, State and Local Tax Obligations By submission of a proposal, contractors and subcontractors assert and self-certify that all Federal, State and local tax obligations have been or will be satisfied prior to receiving recovery funds. Anti-Discrimination and Equal Opportunity Pursuant to Section 1.7 of the guidance memorandum issued by the United States Office of Management and Budget on April 3, 2009, recovery funds must be distributed in accordance with all anti-discrimination and equal opportunity statutes, regulations, and Executive Orders pertaining to the expenditure of funds. Office of State Budget and Management Access to Records OERI requires that the contractor and subcontractor agree to allow the Office of State Budget and Management internal auditors and state agency internal auditors access to records and employees pertaining to the performance of any contract awarded by a public agency. Contractor Acknowledgement (to be completed by awarded bidder and returned to Guilford County Schools Purchasing Department via e-mail: mitchep@gcsnc.com ) By entering into this contract with Guilford County Schools, Contractor hereby understands and agrees that all items or services are being paid for with funds from the American Recovery and Reinvestment Act (ARRA). By contracting with Guilford County Schools and accepting these funds, you agree to abide by all the aforementioned terms and conditions of ARRA. Failure to comply with any and all provisions herein may be cause for the contracting agency to issue a cancellation notice to a contractor. Contractor/Company Purchase Order Numbers Authorized Signature (Contractor) Date

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SECTION III

FEE PROPOSAL I have read and understood the requirements set forth in this RFP# 189-5725 and agree to comply except as noted. The fee proposal includes all fees for work as described in Section II, Scope of Work. Additional pages may be used to show detail of unit costs and options. Provision, Installation and System Set-up $__________________ Hosting, Maintenance and Support

Year 1 (6 months) $__________________

Year 2 $__________________

Year 3 $__________________

SUBMITTED BY: __________________________________________

(Name of Vendor)

PROPOSER: ______________________________________________

(Name & Title of person authorized to submit the proposal on behalf of the vendor)

SIGNED: _________________________________________________

NAME (PRINT): ___________________________________________

ADDRESS: ________________________________________________

CITY/STATE: _____________________________ZIP ______________

TELEPHONE: (___________) ________________ Area Code FAX: (___________) ______________________ Area Code EMAIL: ___________________________________________________

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NCTC Services 11/01/10

NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS (Contractual and Consultant Services)

1. GOVERNING LAW: This contract is made under and shall be governed and construed in accordance with the

laws of the State of North Carolina. 2. SITUS: The place of this contract, its situs and forum, shall be Guilford County, North Carolina, where all

matters, whether sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined

3. INDEPENDENT CONTRACTOR: The Contractor shall be considered to be an independent contractor and as

such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with the Guilford County School District.

4. KEY PERSONNEL: The Contractor shall not substitute key personnel assigned to the performance of this

contract without prior written approval by the District’s Contract Administrator. The individuals designated as key personnel for purposes of this contract are those specified in the Contractor’s proposal.

5. SUBCONTRACTING: Work proposed to be performed under this contract by the Contractor or its employees

shall not be subcontracted without prior written approval of the District’s Contract Administrator. Acceptance of an offeror’s proposal shall include any subcontractor(s) specified therein.

6. PERFORMANCE AND DEFAULT: If, through any cause, the Contractor shall fail to fulfill in timely and proper

manner the obligations under this agreement, the District shall thereupon have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Contractor shall, at the option of the District, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials. Notwithstanding, the Contractor shall not be relieved of liability to the District for damages sustained by the District by virtue of any breach of this agreement, and the Agency may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the District from such breach can be determined. In case of default by the Contractor, the District may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. The District reserves the right to require a performance bond or other acceptable alternative performance guarantees from successful offeror without expense to the District. In addition, in the event of default by the Contractor under this contract, the District may immediately cease doing business with the Contractor, immediately terminate for cause all existing contracts the District has with the Contractor, and de-bar the Contractor from doing future business with the District. Upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Contractor, the District may immediately terminate, for cause, this contract and all other existing contracts the Contractor has with the District, and de-bar the Contractor from doing future business Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God.

7. TERMINATION: The District may terminate this agreement at any time by days notice in writing from the

District to the Contractor. In that event, all finished or unfinished deliverable items prepared by the Contractor under this contract shall, at the option of the District, become its property. If the contract is terminated by the District as provided herein, the Contractor shall be paid for services satisfactorily completed, less payment or compensation previously made.

8. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice(s) or

acceptance of services, whichever is later, or in accordance with any special payment schedule identified in this

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RFP. The using District is responsible for all payments to the contractor under the contract. Payment by some agencies may be made by procurement card and it shall be accepted by the contractor for payment if the contractor accepts that card (Visa, Mastercard, etc.) from other customers. If payment is made by procurement card, then payment may be processed immediately by the contractor.

9. AVAILABILITY OF FUNDS: Any and all payments to the Contractor are dependent upon and subject to the

availability of funds to the District for the purpose set forth in this agreement. 10. CONFIDENTIALITY: Any information, data, instruments, documents, studies or reports given to or prepared or

assembled by the Contractor under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the District.

11. CARE OF PROPERTY: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished it for use in connection with the performance of this contract or purchased by it for this contract and will reimburse the District for loss of damage of such property.

12. COPYRIGHT: No deliverable items produced in whole or in part under this agreement shall be the subject of an

application for copyright by or on behalf of the Contractor.

13. ACCESS TO PERSONS AND RECORDS: The State Auditor and the using agency’s internal auditors shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7 and Session Law 2010-194, Section 21 (i.e., the State Auditors and internal auditors may audit the records of the contractor during the term of the contract to verify accounts and data affecting fees or performance).

14. ASSIGNMENT: No assignment of the Contractor’s obligations nor the Contractor’s right to receive payment

hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority, the District may: a. Forward the contractor’s payment check(s) directly to any person or entity designated by the Contractor, or b. Include any person or entity designated by Contractor as a joint payee on the Contractor’s payment check(s). In no event shall such approval and action obligate the District to anyone other than the Contractor and the Contractor shall remain responsible for fulfillment of all contract obligations.

15. COMPLIANCE WITH LAWS: The Contractor shall comply with all laws, ordinances, codes, rules, regulations,

and licensing requirements that are applicable to the conduct of its business, including those of federal, state, district, and local agencies having jurisdiction and/or authority.

16. AFFIRMATIVE ACTION: The Contractor shall take affirmative action in complying with all Federal and State

requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin, or disability.

17. INSURANCE: During the term of the contract, the contractor at its sole cost and expense shall provide

commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the contractor shall provide and maintain the following coverage and limits: a. Worker’s Compensation - The contractor shall provide and maintain Worker’s Compensation Insurance, as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $150,000.00, covering all of Contractor’s employees who are engaged in any work under the contract. If any work is subcontracted, the contractor shall require the subcontractor to provide the same coverage for any of its employees engaged in any work under the contract. b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $500,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.

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c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used in connection with the contract. The minimum combined single limit shall be $150,000.00 bodily injury and property damage; $150,000.00 uninsured/under insured motorist; and $1,000.00 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the contractor shall not be interpreted as limiting the contractor’s liability and obligations under the contract.

18. ADVERTISING: The offeror shall not use the award of a contract as part of any news release or commercial

advertising. 19. ENTIRE AGREEMENT: This contract and any documents incorporated specifically by reference represent the

entire agreement between the parties and supersede all prior oral or written statements or agreements. This Request for Proposals, any addenda thereto, and the offeror’s proposal are incorporated herein by reference as though set forth verbatim. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation.

20. AMENDMENTS: This contract may be amended only by written amendments duly executed by the District and

the Contractor. The NC Division of Purchase and Contract shall give prior approval to any amendment to a contract awarded through that office.

21. TAXES: G.S. 143-59.1 bars the Secretary of Administration from entering into contracts with vendors if the vendor or its affiliates meet one of the conditions of G. S. 105-164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the vendor and (3) Systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means. By execution of the proposal document the vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes.

22. GENERAL INDEMNITY: The contractor shall hold and save the District, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the contractor in the performance of this contract and that are attributable to the negligence or intentionally tortious acts of the contractor provided that the contractor is notified in writing within 30 days that the District has knowledge of such claims. The contractor represents and warrants that it shall make no claim of any kind or nature against the District’s agents who are involved in the delivery or processing of contractor goods to the District. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.

23. OUTSOURCING: Any vendor or subcontractor providing call or contact center services to the State of North Carolina or any of its agencies or districts shall disclose to inbound callers the location from which the call or contact center services are being provided.

If, after award of a contract, the contractor wishes to outsource any portion of the work to a location outside the United States, prior written approval must be obtained from the Guilford County Schools District.

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Vendor must give notice to the Guilford County Schools of any relocation of the vendor, employees of the vendor, subcontractors of the vendor, or other persons performing services under a contract outside of the United States.

24. SPECIAL REQUIREMENTS REGARDING CRIMINAL BACKGROUND

A. Criminal Background Investigations of individuals working on school property (sites occupied with students and sites not occupied with students).

B. At a minimum, a vendor shall obtain a complete North Carolina statewide criminal background investigation for all employees who will work on a site, covering a period for the last seven (7) years. In the event that the vendor is from out of state, the criminal background investigation shall be broadened to include their home state, as well as the state of North Carolina as outlined above. The company providing such information must be recognized by local law enforcement agency as qualified to do so. All costs associated with these criminal background checks is the responsibility of the vendor.

On sites that are occupied with students and staff, a daily sign-in sheet will be presented by each prime contractor to the principal and SRO – Student Resource Officer by 9:00 a.m. each morning. If there is no SRO – provide to the Principal. This list will contain the name of each person on site and the company they work for.

C. Any individual with the following criminal convictions or pending charges will NOT be permitted on any school project or property.

1. Child Molestation or Abuse or indecent liberties with a child; 2. Rape; 3. Any Sexually Oriented Crime; 4. Drugs: Felony use, possession or distribution;. 5. Murder, manslaughter or other death related charge; or 6. Assault with a deadly weapon or assault with intent to kill.

D. Any individual with a prior conviction or pending charges contained in the aforementioned list, shall be banned (not allowed) from any school project or property.

E. Each person on site must wear a plastic laminated identification badge or item of clothing that identifies the name of the company and the person’s name. These badges are to be computer produced at a font large enough to be clearly visible. Guilford County Schools, may, at any time, request verification of criminal background investigation for any employee on school property.

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NC T&C 11/10 Supplies

NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS

1. DEFAULT AND PERFORMANCE BOND: In case of default by the contractor, the Guilford County Schools (GCS) may procure the articles or services from other sources and hold the contractor responsible for any excess cost occasioned thereby. GCS reserves the right to require performance bond or other acceptable alternative guarantees from successful bidder without expense to GCS.

2. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the contractor to notify, in writing, the issuing purchasing office at once, indicating the specific regulation which required such alterations. GCS reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

3. AVAILABILITY OF FUNDS: Any and all payments to the contractor are dependent upon and subject to the availability of funds to the agency for the purpose set forth in this agreement. No goods or services should be shipped or provided prior to issuance of a Purchase Order to the vendor/contractor by Guilford County Schools.

4. TAXES: Any applicable taxes shall be invoiced as a separate item. G.S. 143-59.1 bars the Secretary of Administration from entering into contracts with vendors if the vendor or its affiliates meet one of the conditions of G. S. 105-164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the vendor and (3) Systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means. By execution of the bid document the vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes.

5. SITUS: The place of this contract, its situs and forum, shall be North Carolina, where all matters, whether

sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined.

6. GOVERNING LAWS: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina.

7. INSPECTION AT CONTRACTOR’S SITE: GCS reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective contractor prior to contract award, and during the contract term as necessary for GCS determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the contract.

8. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is later. The using agency is responsible for all payments to the contractor under the contract. Payment by some agencies may be made by procurement card and it shall be accepted by the contractor for payment if the contractor accepts that card (Visa, Mastercard, etc.) from other customers. If payment is made by procurement card, then payment may be processed immediately by the contractor.

9. AFFIRMATIVE ACTION: The contractor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability.

10. CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All containers/packaging shall be suitable for handling, storage or shipment.

11. STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization; such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers’ Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all

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requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution.

12. PATENT: The contractor shall hold and save GCS, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, on account of any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this contract, including use by the government.

13. ADVERTISING: Contractor agrees not to use the existence of this contract or the name of the State of North Carolina as part of any commercial advertising.

14. ACCESS TO PERSONS AND RECORDS: The State Auditor and the using agency’s internal auditors shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7 and Session Law 2010-194, Section 21 (i.e., the State Auditors and internal auditors may audit the records of the contractor during the term of the contract to verify accounts and data affecting fees or performance).

15. ASSIGNMENT: No assignment of the contractor’s obligations nor the contractor’s right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority and solely as a convenience to the contractor, may: a. Forward the contractor’s payment check directly to any person or entity designated by the contractor, and b. Include any person or entity designated by contractor as a joint payee on the contractor’s payment check. In no event shall such approval and action obligate the State to anyone other than the contractor and the contractor shall remain responsible for fulfillment of all contract obligations.

16. INSURANCE COVERAGE: - During the term of the contract, the contractor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the contractor shall provide and maintain the following coverage and limits: a. Worker’s Compensation - The contractor shall provide and maintain Worker’s Compensation Insurance, as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $150,000.00, covering all of contractor’s employees who are engaged in any work under the contract. If any work is sublet, the contractor shall require the subcontractor to provide the same coverage for any of his employees engaged in any work under the contract. b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $500,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.) c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used in connection with the contract. The minimum combined single limit shall be $150,000.00 bodily injury and property damage; $150,000.00 uninsured/under insured motorist; and $1,000.00 medical payment. REQUIREMENTS: Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the contractor shall not be interpreted as limiting the contractor’s liability and obligations under the contract.

17. GENERAL INDEMNITY: The contractor shall hold and save the State, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses, with the exception of consequential damages, accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the contractor in the performance of this contract and that are attributable to the negligence or intentionally tortuous acts of the contractor provided that the contractor is notified in writing within 30 days that the State has knowledge of such claims. The contractor represents and warrants that it shall make no claim of any kind or nature against the State’s agents who are involved in the delivery or processing of contractor goods to the State. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.

18. ELECTRONIC PROCUREMENT (APPLIES TO ALL CONTRACTS THAT INCLUDE E-PROCUREMENT AND ARE IDENTIFIED AS SUCH IN THE BODY OF THE SOLICITATION DOCUMENT): Purchasing shall be conducted through the Statewide E-Procurement Service. The State’s third party agent shall serve as the Supplier Manager for this E-Procurement Service. The contractor shall register for the Statewide E-Procurement

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Service within two (2) business days of notification of award in order to receive an electronic purchase order resulting from award of this contract.

19. THE SUCCESSFUL BIDDER(S) SHALL PAY A TRANSACTION FEE OF 1.75% (.0175) ON THE TOTAL

DOLLAR AMOUNT (EXCLUDING SALES TAXES) OF EACH PURCHASE ORDER ISSUED THROUGH THE STATEWIDE E-PROCUREMENT SERVICE This applies to all purchase orders, regardless of the quantity or dollar amount of the purchase order. This transaction fee shall neither be charged to nor paid by the State, or by any State approved users of the contract. The transaction fee shall not be stated or included as a separate item in the proposed contract or invoice. There are no additional fees or charges to the contractor for the services rendered by the Supplier Manager under this contract. Contractor will receive a credit for transaction fees they paid for the purchase of any item(s) if an item(s) is returned through no fault of the contractor. Transaction fees are non-refundable when an item is rejected and returned, or declined, due to the contractor’s failure to perform or comply with specifications or requirements of the contract. Contractor or its Authorized Reseller, as applicable, will be invoiced monthly for the State’s transaction fee by the Supplier Manager. The transaction fee shall be based on purchase orders issued for the prior month. Unless Supplier Manager receives written notice from the Contractor identifying with specificity any errors in an invoice within thirty (30) days of the receipt of invoice, such invoice shall be deemed to be correct and Contractor shall have waived its right to later dispute the accuracy and completeness of the invoice. Payment of the transaction fee by the Contractor is due to the account designated by the State within thirty (30) days after receipt of the correct invoice for the transaction fee, which includes payment of all portions of an invoice not in dispute. Within thirty (30) days of the receipt of invoice, contractor may request in writing an extension of the invoice payment due date for that portion of the transaction fee invoice for which payment of the related goods by the governmental purchasing entity has not been received by the Contractor. If payment of the transaction fee is not received by the State within this payment period, it shall be considered a material breach of contract. The Supplier Manager shall provide, whenever reasonably requested by the contractor in writing (including electronic documents), supporting documentation from the E-Procurement Service that accounts for the amount of the invoice. The Supplier Manager will capture the order from the State approved user, including the shipping and payment information, and submit the order in accordance with the E-Procurement Service. Subsequently, the Supplier Manager will send those orders to the appropriate contractor on State Contract. The State or State approved user, not the Supplier Manager, shall be responsible for the solicitation, bids received, evaluation of bids received, award of contract, and the payment for goods delivered. Contractor agrees at all times to maintain the confidentiality of its user name and password for the Statewide E-Procurement Services. If a contractor is a corporation, partnership or other legal entity, then the contractor may authorize its employees to use its password. Contractor shall be responsible for all activity and all charges by such employees. Contractor agrees not to permit a third party to use the Statewide E-Procurement Services through its account. If there is a breach of security through the contractor’s account, contractor shall immediately change its password and notify the Supplier Manager of the security breach by e-mail. Contractor shall cooperate with the State and the Supplier Manager to mitigate and correct any security breach.

20. ELECTRONIC PROCUREMENT (APPLIES ONLY TO STATEWIDE TERM CONTRACTS): Within ten (10) calendar days of notice, the contractor shall provide supplier information, contract pricing and other product-related information requested by the State or the Supplier Manager. This information shall include such information as contractor name, SKU, brand/manufacturer, product name and a brief description, unit of measure, price, and other similar information or properly requested by the State or the Supplier Manager to facilitate purchasing from the contract. This information shall be posted by the contractor in the format provided by the Supplier Manager, or as otherwise provided in a template or format required by the State. No costs or expenses associated with providing this information shall be charged to the State, its agents (including Supplier Manager) or State approved users of the contract. For the purposes of this contract, the contractor warrants that it is authorized and empowered to and hereby grants the State and the Supplier Manager the right and license to use, reproduce, transmit, distribute and publicly display this information. In addition, for the purposes of this contract, the contractor warrants that it is authorized and empowered to and hereby grants the State and the Supplier Manager the right and license to reproduce and display contractor’s trademarks, service marks, logos, trade dress or other branding designation that identifies the goods available under the contract. The Supplier Manager shall create and maintain, with contractor’s timely assistance, web-based placement of contract information, where appropriate, that includes the contract items distributed by the contractor within the appropriate contract categories. The State shall provide any price adjustment/product modification information that it has approved during the course of the contract, to the Supplier Manager immediately upon such change.

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If the contractor is not the manufacturer, then it shall be the contractor’s responsibility to obtain authorization from the manufacturer to comply with the provisions of this contract, including any appropriate intellectual property rights of the manufacturer. If the contractor is the manufacturer, then the manufacturer shall only authorize dealers, outlets, distributors, value added resellers, etc. (together, “Authorized Resellers”) within their network that can comply with the provisions of this contract. CONTRACTOR IS AND SHALL REMAIN RESPONSIBLE FOR PAYING THE TRANSACTION FEE ON BEHALF OF ITS AUTHORIZED RESELLERS IN THE EVENT THAT THE AUTHORIZED RESELLER(S) DEFAULTS.

21. CANCELLATION (TERM CONTRACTS ONLY): All contract obligations shall prevail for at least 180 days after the effective date of the contract. After that period, in addition to the provisions of the paragraph entitled Price Adjustments, for the protection of both parties, this contract may be canceled in whole or in part by either party by giving 30 days prior notice in writing to the other party. Such notice of cancellation, as required herein, shall be transmitted via U.S. MAIL, Certified, Return Receipt Requested. The 30 days notice for cancellation shall begin on the day the return receipt is signed and dated.

22. QUANTITIES (TERM CONTRACTS ONLY): The award of a term contract neither implies nor guarantees any minimum or maximum purchases thereunder.

23. PRICE ADJUSTMENTS (TERM CONTRACTS ONLY): Any price changes, downward or upward, which might be permitted during the contract period must be general, either by reason of market change or on the part of the contractor to other customers. a. Notification: Must be given to GCS, in writing, concerning any proposed price adjustments. Such notification shall be accompanied by copy of manufacturer’s official notice or other acceptable evidence that the change is general in nature. b. Decreases: GCS shall receive full proportionate benefit immediately at any time during the contract period. c. Increases: All prices shall be firm against any increase for 180 days from the effective date of the contract. After this period, a request for increase may be submitted with GCS reserving the right to accept or reject the increase, or cancel the contract. Such action by GCS shall occur not later than 15 days after the receipt by GCS of a properly documented request for price increase. Any increases accepted shall become effective not later than 30 days after the expiration of the original 15 days reserved to evaluate the request for increase. d. Invoices: It is understood and agreed that orders will be shipped at the established contract prices in effect on dates orders are placed. Invoicing at variance with this provision will subject the contract to cancellation. Applicable North Carolina sales tax shall be invoiced as a separate item.

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GCS ITB 10/09 Supplies

GUILFORD COUNTY SCHOOLS INSTRUCTIONS TO BIDDERS

1. READ, REVIEW AND COMPLY: It shall be the bidder’s responsibility to read this entire document, review all

enclosures and attachments, and comply with all requirements specified herein.

2. NOTICE TO BIDDERS: All bids are subject to the provisions of the Instructions to Bidders, special terms and conditions specific to this Invitation for Bids, the specifications, and the North Carolina General Contract Terms and Conditions. The Guilford County Schools (GCS) objects to and will not evaluate or consider any additional terms and conditions submitted with a bidder response. This applies to any language appearing in or attached to the document as part of the bidder’s response. DO NOT ATTACH ANY ADDITIONAL TERMS AND CONDITIONS. By execution and delivery of this document, the bidder agrees that any additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect.

3. DEFINITIONS: • BIDDER: Company, firm, corporation, partnership, individual, etc., submitting a response to an Invitation for Bids. • TERM CONTRACT: A contract generally intended to cover all normal requirements for a commodity for a specified period of time based on estimated quantities only. • STATEWIDE TERM CONTRACT: A Term Contract for all agencies, unless exempted by statute, rule, or special term and condition specific to this bid. • AGENCY SPECIFIC TERM CONTRACT: A Term Contract for a specific agency. • OPEN MARKET CONTRACT: A contract for the purchase of a commodity not covered by a term contract.

4. EXECUTION: Failure to sign under EXECUTION section will render bid invalid.

5. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this bid, the order of precedence shall be (1) special terms and conditions specific to this bid, (2) specifications, (3) North Carolina General Contract Terms and Conditions, and (4) Instructions to Bidders.

6. TIME FOR CONSIDERATION: Unless otherwise indicated on the first page of this document, bidder’s offer shall be valid for 45 days from the date of bid opening. Preference may be given to bids allowing not less than 45 days for consideration and acceptance.

7. PROMPT PAYMENT DISCOUNTS: Bidders are urged to compute all discounts into the price offered. If a prompt payment discount is offered, it will not be considered in the award of the contract except as a factor to aid in resolving cases of identical prices.

8. SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and bidder will be held responsible therefore. Deviations shall be explained in detail. The bidder shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable.

9. INFORMATION AND DESCRIPTIVE LITERATURE: Bidder is to furnish all information requested and in the spaces provided in this document. Further, if required elsewhere in this bid, each bidder must submit with their bid sketches, descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirements will be subject to rejection.

10. RECYCLING AND SOURCE REDUCTION: It is the policy of this State to encourage and promote the purchase of products with recycled content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable, and less toxic to the extent that the purchase or use is practicable and cost-effective. We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The company remains responsible for providing packaging that will protect the commodity and contain it for its intended use. Companies are strongly urged to bring to the attention of the purchasers in the Division of Purchase and Contract those products or packaging they offer which have recycled content and that are recyclable.

11. CLARIFICATIONS/INTERPRETATIONS: Any and all questions regarding this document must be addressed to the purchaser named on the cover sheet of this document. Do not contact the user directly. Any and all revisions to this document shall be made only by written addendum from the Division of Purchase and Contract.

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The bidder is cautioned that the requirements of this bid can be altered only by written addendum and that verbal communications from whatever source are of no effect.

12. ACCEPTANCE AND REJECTION: GCS reserves the right to reject any and all bids, to waive any informality in bids and, unless otherwise specified by the bidder, to accept any item in the bid. If either a unit price or extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded.

13. REFERENCES: GCS reserves the right to require a list of users of the exact item offered. GCS may contact these users to determine acceptability of the bid. Such information may be considered in the evaluation of the bid.

14. TAXES: • FEDERAL: All agencies participating in this contract are exempt from Federal Taxes, such as excise and transportation. Exemption forms submitted by the contractor will be executed and returned by the using agency. • OTHER: Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless required by the North Carolina Department of Revenue.

15. AWARD OF CONTRACT: As directed by statute, qualified bids will be evaluated and acceptance may be made of the lowest and best bid most advantageous to GCS as determined upon consideration of such factors as: prices offered; the quality of the articles offered; the general reputation and performance capabilities of the bidders; the substantial conformity with the specifications and other conditions set forth in the bid; the suitability of the articles for the intended use; the related services needed; the date or dates of delivery and performance; and such other factors deemed by GCS to be pertinent or peculiar to the purchase in question. Unless otherwise specified by GCS or the bidder, GCS reserves the right to accept any item or group of items on a multi-item bid. In addition, on TERM CONTRACTS, GCS reserves the right to make partial, progressive or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to provide the contemplated requirements as to quantity, quality, delivery, service, geographical areas; other factors deemed by GCS to be pertinent or peculiar to the purchase in question.

All contracts are awarded contingent upon the availability of funds.

16. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, GCS invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled.

17. CONFIDENTIAL INFORMATION: As provided by statute and rule, the GCS will consider keeping trade secrets which the bidder does not wish disclosed confidential. Each page shall be identified in boldface at the top and bottom as “CONFIDENTIAL” by the bidder. Cost information shall not be deemed confidential. In spite of what is labeled as a trade secret, the determination whether it is or not will be determined by North Carolina law.

18. SAMPLES: Sample of items, when required, must be furnished as stipulated herein, free of expense, and if not destroyed will, upon request be returned at the bidder’s expense. Request for the return of samples must be made within 10 days following date of bid opening. Otherwise the samples will become GCS property. Each individual sample must be labeled with the bidder’s name, bid number, and item number. A sample on which an award is made, will be retained until the contract is completed, and then returned, if requested, as specified above.

19. PROTEST PROCEDURES: When an offeror wants to protest a contract awarded pursuant to this solicitation, that is over $10,000, they must submit a written request to the State Purchasing Officer at the address given in the solicitation document entitled “Mailing Instructions”. This request must be received in the Division of Purchase and Contract within thirty (30) consecutive calendar days from the date of the contract award, and must contain specific reasons and any supporting documentation for the protest. Note: Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation. Bid status and Award notices are posted on the Internet at http://www.state.nc.us/PandC/. All protests will be handled pursuant to the North Carolina Administrative Code, Title 1, Department of Administration, Chapter 5, Purchase and Contract, Section 5B.1519.

20. MISCELLANEOUS: Masculine pronouns shall be read to include feminine pronouns, and the singular of any word or phrase shall be read to include the plural and vice versa.

21. DEFAULT AND PERFORMANCE BOND: In case of default by the contractor, Guilford County Schools (GCS)

may procure the articles or services from other sources and hold the contractor responsible for any excess cost occasioned thereby. GCS reserves the right to require performance bond or other acceptable alternative guarantees from successful bidder without expense to GCS.

22. SPECIAL REQUIREMENTS REGARDING CRIMINAL BACKGROUND

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F. Criminal Background Investigations of individuals working on school property (sites occupied with students and sites not occupied with students).

At a minimum, the contractor shall obtain a complete North Carolina statewide criminal background investigation for all employees and subcontractors who will work on this project, covering a period for the last seven (7) years. In the event that the contractor or subcontractor is from out of state, the criminal background investigation shall be broadened to include their home state, as well as the state of North Carolina as outlined above. The company providing such information must be recognized by local law enforcement agency as qualified to do so. All costs associated with these criminal background checks is the responsibility of the contractor.

Each prime contractor will be responsible for all their employees and all of their subcontractors working under them.

On sites that are occupied with students and staff, a daily sign-in sheet will be presented by each prime contractor to the principal and SRO – Student Resource Officer by 9:00 a.m. each morning. If there is no SRO – provide to the Principal. This list will contain the name of each person on site and the company they work for.

Any individual with the following criminal convictions or pending charges will NOT be permitted on any school project or property.

7. Child Molestation or Abuse or indecent liberties with a child; 8. Rape; 9. Any Sexually Oriented Crime; 10. Drugs: Felony use, possession or distribution;. 11. Murder, manslaughter or other death related charge; or 12. Assault with a deadly weapon or assault with intent to kill.

Any individual with a prior conviction or pending charges contained in the aforementioned list, shall be banned (not allowed) from any school project or property.

Each person on site must wear a plastic laminated identification badge that identifies the name of the company and the person’s name. These badges are to be computer produced at a font large enough to be clearly visible. All costs associated with these criminal background checks is the responsibility of the contractor. The ID badge template will be made available to the successful prime contractors at the Pre-Construction Meeting.

Guilford County Schools, may, at any time, request verification of criminal background investigation for any employee or subcontractor on school property.